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MENGINIE v. SAVINE ET AL. APPEAL SAVINE ET AL. MENGINIE V. GALLIGAN BROS. ET AL. APPEAL MENGINIE (04/22/52)

April 22, 1952

MENGINIE
v.
SAVINE ET AL. APPEAL OF SAVINE ET AL. MENGINIE V. GALLIGAN BROS. ET AL. APPEAL OF MENGINIE



COUNSEL

Paul H. Ferguson, Philadelphia, for appellee.

Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.

Author: Dithrich

[ 170 Pa. Super. Page 583]

DITHRICH, Judge.

Claimant has been thwarted in his efforts to obtain payment of workmen's compensation for permanent injuries and total disability resulting from his becoming impaled on the spikes of an iron fence in a fall in the course of his employment. Claims arising under similar circumstances on and after January 2, 1952, the effective date of amendatory Act No. 481, 77 P.S. ยง 751, will not be subject to such improvident delay. The amendment to

[ 170 Pa. Super. Page 584]

    the Workmen's Compensation Act provides that 'the referee or the board shall forthwith order payments to be immediately made by the defendants or the carriers in said case. After the referee or the board render a final decision, payments made by the defendant or carrier not liable in the case shall be awarded or assessed against the defendant or carrier liable in the case, as costs in the proceedings, in favor of the defendant or carrier not liable in the case.'

Delay in payment of the admittedly just compensation which has been awarded this claimant has been due to the refusal of the insurance carrier for a subcontractor to abide by the decision of the Workmen's Compensation Board, affirmed by the court below, that its insured and not the general contractor is the responsible employer. The essential facts, briefly and succinctly stated by the learned judge of the court below, are as follows:

'Galligan Brothers contracted to do certain work on a church building. They gave a sub-contract for excavation work to Savine, who furnished Galligan Brothers with a certificate of workmen's compensation insurance coverage. Savine engaged Donald Pietropola to do pointing work, for which the latter billed Savine in the sum of $150., which was paid. Savine added ten per cent to this charge and billed Galligan Brothers for $165., which was paid. The latter added ten per cent. and billed the pastor of the church for $181.50, and this likewise was paid.

'Savine did not require Pietropola to carry workmen's compensation insurance, nor did he have any agreement with him with respect to liability for compensable injuries to his employees. No notices had been posted by either Galligan Brothers or Savine which would eliminate them from the terms of the workmen's compensation laws.

[ 170 Pa. Super. Page 585]

'One week prior to August 14, 1948, claimant had assisted Pietropola in erecting a scaffold for the doing of the pointing work. On August 14, 1948, while assisting in the removal of the scaffolding, claimant fell and sustained ...


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